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Accumulation on land

Submitted by Dean_allan on Mon, 2017-02-06 12:41

I have a case where there is regular fly-tipping on a site. The site has over 2 acres and an abandoned grade 2 public house (not secure).

The property is not over looked and is basically in the middle of nowhere. Don’t think 215 powers are applicable. Could possible use Section 29 LG(MP) securing against unauthorised entry. However that will not stop the tipping. Would have used section 82 EPA however that has been revoked.

A s29 to secure the building - could possibly be followed up by a s79 BA if you wanted to tidy it up or create a debt for an enforced sale (just for the building). Why no to a s215 ? You could possibly use a s215 to create fencing/hoarding if that would help, for example screening the site so it cant be viewed from a road? What about s59 EPA? Or s4 PDPA?

What about a Community Protection Notice? A Fixed Penalty Notice for non-compliance comes with with a fine of upto £2,500 for individuals or £20,000 for corporate bodies and a criminal record. CPNs can be open ended so the owner would need to continue to keep the land free of fly-tipping. I beleive CPNs are under ASB legislation rather than housing/planning. We're working with our ASB Lawyer to serve to our 1st CPN.

I will second the use of CPN, we have just served the warning letter on a derelict pub owner (pub is derelict not owner) requiring them to regularly inspect the land and property and keep it secure, make it as visually appealing as an empty can be, painted boarding with white edges etc and to clear rubbish of the land.